Garing v. Miller
- Kenneth Karas
- 7:24-cv-05932
- U.S. District Court · Southern District of New York
- 2
In Garing v. Miller, Chief Judge Swain required Stephen Garing to pay $5 or request permission to proceed without prepaying fees within 30 days.
Stephen Garing, the petitioner proceeding without a lawyer, must pay the filing fee or submit the required application within 30 days to avoid dismissal of the action.
What happened
In Garing v. Miller, Stephen Garing filed a petition for a writ of habeas corpus without paying the $5 filing fee or submitting an application to proceed without prepaying fees. The opinion says he was proceeding without a lawyer.
The court ordered Garing, within 30 days, either to pay the filing fee or submit a signed application requesting permission to proceed without prepaying fees. No response from Mark Miller was required at that time. The court warned that the case will be dismissed if Garing does not comply.
Chief Judge Laura Taylor Swain issued the order. She also ruled that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying appellate fees.
The detailed version
- Garing v. Miller · No. 7:24-cv-05932
- Kenneth Karas
- Aug. 7, 2024
Background
Stephen Garing, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that a person filing such a petition must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees. Garing submitted neither the fee nor the application.
Order
The court gave Garing 30 days from the date of the order to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application was to identify docket number 24-CV-5932 (LTS). If the court grants the application, Garing may proceed without paying the filing fee in advance.
The court stated that Mark Miller did not need to submit an answer at that time. If Garing complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal-fee ruling
Chief Judge Laura Taylor Swain certified that any appeal from this order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for an appeal.
Disposition
This is a procedural order addressing the filing fee and the application to proceed without prepaying fees. The court did not decide the substance of Garing’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.